My day in Court - Speeding - advice required.
My day in Court - Speeding - advice required.
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Discussion

Bing o

Original Poster:

15,184 posts

249 months

Friday 2nd February 2007
quotequote all
Background - got scamera'd last May, NIP arrived in time etc. - charge is 76 in a 50 (A338 Wessex Way, dual carriageway, photo's show me in teh outside lane, and I'd say my speed was what they said it was. They also show light traffic, and nothing to suggest bad driving)

Because my offence has crept into the potential ban range of 76-80 in a 50, I have to attend court on the 13th February.

I have decided that I will plead guilty to this.

So my next questions are:

Given my clean license, what am I likely to get points wise? And what is the offence code likely to be? I guess the fine would be £1-200?

Also, I know to turn up smart, but not dripping with gold, and to apologise for my stupidity, but given that I drive a high performance car, what, if anything, should I say about this?

I had had the car for a month, so would the excuse that I was getting used to its performance look good or bad? ie a moments foolishness in a car I'm not accustomed to? Also, I am getting myself on some track days - should I mention this as a way of saying "I did bad, but I now take my speed onto the track" or will a mag. think "boy racer"?

Not been to Court before so would really appreciate some feedback from those who have been there.

It's at Wimborne BTW, so if anyone knows what they are like with speeders, please let me know.

Thanks

splatspeed

7,491 posts

281 months

Friday 2nd February 2007
quotequote all
get a solicitor

they are paracites but they work

as magistrates are stupid

Bing o

Original Poster:

15,184 posts

249 months

Friday 2nd February 2007
quotequote all
splatspeed said:
get a solicitor

they are paracites but they work

as magistrates are stupid


Not an option, I am skint at the mo, and don't see what a solicitor will help with? Just makes me look like I have loads of cash, and will be fined accordingly....

justinp1

13,363 posts

260 months

Friday 2nd February 2007
quotequote all
Dont mention anything which can be misconstrued.

Magistrates spend their whole days looking for people trying to cover up the real truth, and perhaps some comments could be taken the wrong way!

Anything which brings attention to the fact you have a fast car, interested in racing/trackdays etc is a bad thing, it only highlights it in their mind, which is a bad thing...

Example - DONT imagine a blue banana in your mind....




You have already done it, even though I introduced the negative in front of it. How this is relative is that any comments you make on these subjects will influence the decision.

As you have said, you should arrive smartly dressed - a suit is perfect as it shows you regard the situation as 'serious'. The petty theives who wait with you in the waiting room will be in their second best tracksuit, but more fool them. Clean shaven too, for the same reason.

Dont attack the system, it wont work. I have heard from magistrates that a good proportion of people who opt for their day in court come only to moan how the camera shouldnt be there in the first place. Although it may be right, here is the forum for that! Airing those views there will not get the mags on your side.

You have a clean licence. You should mention this. You need to make out that this was a one-off mistake. Has the 30 recently been changed from a 60? You need to be in 100% grovel mode. Although you are 'seeding the idea' that there may be mitigating circumstances, fully accept the blame, and that this was your mistake.

If they belive your genuine attitude smoe may probably sympathise with you.

Alex

9,978 posts

314 months

Friday 2nd February 2007
quotequote all
If you're going to plead guilty, a solicitor is a waste of time, as is making any excuses or apologies about the car, conditions etc. The magistrates won't care; they will give you same points regardless. I reckon you are looking at £250 fine and 5 points.

RichBurley

2,432 posts

283 months

Friday 2nd February 2007
quotequote all
Alex said:
If you're going to plead guilty, a solicitor is a waste of time, as is making any excuses or apologies about the car, conditions etc. The magistrates won't care; they will give you same points regardless. I reckon you are looking at £250 fine and 5 points.


whilst you're at it, hows about 73 in a 50 zone? Actually, is the M4 at 10.47pm at night, nothing on the road, roadworks resulting in the lower speed limit, from 70 down to 50; can honestly say that I wasn't aware which section was supposedly 50 zone, which was back to 70, but I apparantly got flashed somewhere. Received an NIP, does that mean I'll have to go to court?

ps I might be a solicitor, but Speeding offences are not my speciality!

Bing o

Original Poster:

15,184 posts

249 months

Friday 2nd February 2007
quotequote all
As much as I would love to slag the system, I have more sense than that. Luckily I did work experience with a solicitor, so I have been inside a court romm before.

I just hope that I get some scummy wasters in before me, who piss off the mag, and then I walk in all nice and apologetic...

Unfortunately the 50 has been a 50 for years (used to be NSL) and its local to me.

How should you address a magistrate? Its not "Your Honour" is it?

Bing o

Original Poster:

15,184 posts

249 months

Friday 2nd February 2007
quotequote all
Rich Burley said:
whilst you're at it, hows about 73 in a 50 zone


Should just be an SP30 and £60 AFAIK?

I'm only 1 mph into the potential ban category...

RichBurley

2,432 posts

283 months

Friday 2nd February 2007
quotequote all
Bing o said:
As much as I would love to slag the system, I have more sense than that. Luckily I did work experience with a solicitor, so I have been inside a court romm before.

I just hope that I get some scummy wasters in before me, who piss off the mag, and then I walk in all nice and apologetic...

Unfortunately the 50 has been a 50 for years (used to be NSL) and its local to me.

How should you address a magistrate? Its not "Your Honour" is it?



YOUR WORSHIP

justinp1

13,363 posts

260 months

Friday 2nd February 2007
quotequote all
Bing o said:
As much as I would love to slag the system, I have more sense than that. Luckily I did work experience with a solicitor, so I have been inside a court romm before.

I just hope that I get some scummy wasters in before me, who piss off the mag, and then I walk in all nice and apologetic...

Unfortunately the 50 has been a 50 for years (used to be NSL) and its local to me.

How should you address a magistrate? Its not "Your Honour" is it?


Nah, thats only judges. Magistrates are just normal people, mostly with normal jobs too.

Thats why if you are in grovel mode and accept your mistake, one of them may have been nabbed by a camera too and will probably sympathise!

RichBurley

2,432 posts

283 months

Friday 2nd February 2007
quotequote all
Bing o said:
Rich Burley said:
whilst you're at it, hows about 73 in a 50 zone


Should just be an SP30 and £60 AFAIK?

I'm only 1 mph into the potential ban category...


Well, mine was on a motorway, so it'll be SP50, and between 3-6 points!! eeek!

gutted that you just fall into the ptoential ban, but pleased to say I'm sure you won't be!

Bing o

Original Poster:

15,184 posts

249 months

Friday 2nd February 2007
quotequote all
The Law said:
SP30
Exceeding statutory speed limit on a public road.......... 3-6
SP40
Exceeding passenger vehicle speed limit.......... 3-6

SP50
Exceeding speed limit on a motorway.......... 3-6
SP60
Undefined speed limit offence.......... 3-6


Which of these does 76 in a 50mph Dual Carriageway am I looking at - or could it be any of SP 30, 40 or 60 depending on my grovelling ability/smartness of tie?

Still, as the offense was last May, I will only have the points on my license for just over two years, as they apply from teh offense date, not the conviction date? Or do I have this wrong?

steve240r

141 posts

244 months

Friday 2nd February 2007
quotequote all
Think it's an SP40...will check my licence later!

Got done for 79 in a 50 2 years ago (A3 nr Guildford), turned up at court and was very apologetic...but I did have the excuse that I "thought" it was 70 (goes from 70 to 50 for 2-3 mile then back to 70), and they obviously believed me

Got 4 points and £100 fine.

I know the A338, and the fact that there are dozens of warnings (and a camera every 800 yards) won't help you....


Edited by steve240r on Friday 2nd February 11:56

Bing o

Original Poster:

15,184 posts

249 months

Friday 2nd February 2007
quotequote all
steve240R said:
I know the A338, and the fact that there are dozens of warnings (and a camera every 800 yards) won't help you....


It was a mobile unit that got me, coming over the flyover after the second camera eastbound, about half a mile before the NSL section.

Would the court really take the number of warnings into account? The fact I am there saying "I was a dick" makes that irrelevant?

steve240r

141 posts

244 months

Friday 2nd February 2007
quotequote all
I meant if you tried the "I didn't know it was a 50 limit" excuse...

They're unbelievable around there...as if about 6 cameras in a 3-4 mile stretch isn't enough, they have the scamera vans out as well!


Edited by steve240r on Friday 2nd February 12:12



Edited by steve240r on Friday 2nd February 14:50

justinp1

13,363 posts

260 months

Friday 2nd February 2007
quotequote all
RichBurley said:
Bing o said:
Rich Burley said:
whilst you're at it, hows about 73 in a 50 zone


Should just be an SP30 and £60 AFAIK?

I'm only 1 mph into the potential ban category...


Well, mine was on a motorway, so it'll be SP50, and between 3-6 points!! eeek!

gutted that you just fall into the ptoential ban, but pleased to say I'm sure you won't be!


Sorry to be the bearer of ban news but the magistrates guidelines are this:

40 - 50mph limit

up to 15 over is 3 points
16 - 25 over is 4-5 points
26 - 35 over is 6 points or consider 14-56 day ban.

steve240r

141 posts

244 months

Friday 2nd February 2007
quotequote all

[/quote]

Sorry to be the bearer of ban news but the magistrates guidelines are this:

40 - 50mph limit

up to 15 over is 3 points
16 - 25 over is 4-5 points
26 - 35 over is 6 points or consider 14-56 day ban.

[/quote]

Great thing about guidelines is they're exactly that...guidelines, not rules...

Really will depend on their mood (i.e. how annoying the scum that go in before you are), and how sorry you can look...try practicing in the mirror beforehand!



Bing o

Original Poster:

15,184 posts

249 months

Friday 2nd February 2007
quotequote all
Knowing my luck, I will get a 56 day ban and big fine, whilst tommy toerag gets a £50 fine for beating up a granny....

Nuggs

4,640 posts

264 months

Friday 2nd February 2007
quotequote all
Bing o said:
The Law said:
SP30
Exceeding statutory speed limit on a public road.......... 3-6
SP40
Exceeding passenger vehicle speed limit.......... 3-6

SP50
Exceeding speed limit on a motorway.......... 3-6
SP60
Undefined speed limit offence.......... 3-6


Which of these does 76 in a 50mph Dual Carriageway am I looking at - or could it be any of SP 30, 40 or 60 depending on my grovelling ability/smartness of tie?

Looks like an SP30 to me. You weren't on an MWay and I think a 'passenger vehicle' (for an SP40) refers to a bus or similar.

nobleguy

7,133 posts

245 months

Friday 2nd February 2007
quotequote all
Alex said:
If you're going to plead guilty, a solicitor is a waste of time, as is making any excuses or apologies about the car, conditions etc. The magistrates won't care; they will give you same points regardless. I reckon you are looking at £250 fine and 5 points.


Probably in the ball park.
Although it seems it can vary wildly depeding on the weather and their mood.